Landlord 'misplaced' rentbook

luaive

Okay so update on the house selling, happening in a few months time 😭 Have asked landlord for rent book, hubby was supposed to ask for it back months ago (before the sale happened) and didn't, he's far more trusting than me, I'm more don't give  people a chance to 💩 on you. So paid the last lot of rent, asked for rent book, to be told it had gone 'missing' pointed out would need to show mortgage provider what the withdrawals of cash were going towards to prove how much money was available to pay the mortgage, and was told to say it was for something else. Now they have said they will 'look' for it, but Iike I said I'm not that trusting, so I do believe they are going to say it's been 'lost'. Would it be worth contacting a solicitor if that happens? With regards to the selling, that's meant to happen in a few months, I live in Wales where we have rent smart, I know the house/landlords is not registered. From what I have read if a landlord isn't registered then any eviction notice is invalid, not sure how a house sale would affect this? Would the new owners have to register first? The original tennacy agreement is now a converted occupation contract.

luaive

Question....Let's go into the future, house sold, we haven't found anywhere to buy yet, so are still living here....Does the new owner automatically then becomes our landlord, or as they have purchased the house can they change the locks and remove our posessions? I'm in Wales and landlords have to register would that apply to someone who purchased a property with sitting tenants (is that the correct term?) but didn't want to register as a landlord? Also can I apply for a RRO once the house is sold? Or does it have to be done before the current unregistered landlord is no longer my landlord.

_Penny_Dreadful

luaive said:

Okay so update on the house selling, happening in a few months time 😭 Have asked landlord for rent book, hubby was supposed to ask for it back months ago (before the sale happened) and didn't, he's far more trusting than me, I'm more don't give  people a chance to 💩 on you. So paid the last lot of rent, asked for rent book, to be told it had gone 'missing' pointed out would need to show mortgage provider what the withdrawals of cash were going towards to prove how much money was available to pay the mortgage, and was told to say it was for something else. Now they have said they will 'look' for it, but Iike I said I'm not that trusting, so I do believe they are going to say it's been 'lost'. Would it be worth contacting a solicitor if that happens? With regards to the selling, that's meant to happen in a few months, I live in Wales where we have rent smart, I know the house/landlords is not registered. From what I have read if a landlord isn't registered then any eviction notice is invalid, not sure how a house sale would affect this? Would the new owners have to register first? The original tennacy agreement is now a converted occupation contract.

I posted a response on your other thread about this property.  If your landlord has not issued you with a written occupation contract by 31st May 2023 then he cannot issue you with a valid possession notice until 6 months after he issues you with the written contract.  Not being registered with Rent Smart Wales will also invalidate any notice he tries to serve now.  Perhaps you need to be contacting Rent Smart Wales about your situation.

_Penny_Dreadful

luaive said:

Question....Let's go into the future, house sold, we haven't found anywhere to buy yet, so are still living here....Does the new owner automatically then becomes our landlord, or as they have purchased the house can they change the locks and remove our posessions? I'm in Wales and landlords have to register would that apply to someone who purchased a property with sitting tenants (is that the correct term?) but didn't want to register as a landlord? Also can I apply for a RRO once the house is sold? Or does it have to be done before the current unregistered landlord is no longer my landlord.

Your right to occupy the property does not cease just because the owner of the property changes.  The new owner becomes your landlord. Any attempt by the current owner or the new owner to evict you without a court order will be a criminal offence.  To legally evict you the new owners would have to fulfil all of the legal requirements that your current landlord should be fulfilling but isn't otherwise they cannot issue a valid possession notice which means they cannot go to court to get a court order.

 I wouldn't describe you as sitting tenants as I tend to think of sitting tenants as being tenants with a Rent Act Tenancy who are nigh on impossible to evict.

If you want to go down the road of a RRO then I think you first need to report your landlord for not being registered with Rent Smart.  Once he has been convicted of an offence as set out in section 7(5) or 13(3) of the Housing (Wales) Act 2014 you then have 12 month to apply for a RRO.  I suspect you might need to get the ball rolling whilst he is still your landlord but I am now on the fringes of my Welsh housing law knowledge so you may wish to consider contacting Shelter Cymru for advice.